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Trade Marks - Flowerbx Ltd v Flowers Box London Ltd

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The Rolls Building, Royal Courts of Justice Author:  Muhammad Karns Licence:  CC BY-SA 4.0   Source:  Wikimedia Commons J ane Lambert Intellectual Property Enterprise Court (Recorder Amanda Michaels)  Flowerbx Ltd v Flowers Box London Ltd [2026] EWHC 2233 (IPEC) (7 Sept 2026) This was an action for infringement under s.10 (2) and s.10 (3) of the Trade Marks Act 1994 and a counterclaim for invalidity under s.47 (1)  and/or revocation under s.46 (1) .  The trade mark in suit was UK trade mark no. 3,223,726 , for the word mark FLOWERBX.  The allegedly infringing signs included FLOWERSBOX, FLOWERS BOX and FLOWERS BOX LONDON in various formats. The action and counterclaim came on before Recorder Amanda Michaels, sitting as a judge of the High Court on 16 and 17 July 2026.  By her judgment in Flowerbx Ltd v Flowers Box London Ltd [2026] EWHC 2233 (IPEC) which she handed down on 7 Sept 2026, the learned recorder found for the claimant on the ...
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Trade Marks - Automobile Club de L'Ouest v Omologato

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By Mike Roberts from London, United Kingdom - IMG_0419 CC BY-SA 2.0, https://commons.wikimedia.org/w/index.php?curid=2307324   Jane Lambert Intellectual Property Enterprise Court  (Mr David Stone) Automobile Club de L'Ouest (ACO) v Omologato Ltd and Anothe r [2026] EWHC 2265 (IPEC) (27 July 2026) This was an action for trade mark infringement.  There was also a claim for passing off, but that cause of action was not relied upon in the end.  The claimant,  Automobile Club de L'Ouest ("ACO") , operates the 24-hour Le Mans endurance race .  The first defendant,  Omologato Limited (Omologato),  designs, markets and sells watches with a motor racing theme.   ACO objected to watches that had been supplied by Omologato bearing the signs "LE MANS", "LM" and "LMR."  Claim against Mr Kalra The second defendant was Shami Kalra ("Mr Kalra"), a director of Omologato.  Mr Kalra also registered the letters LMR as a trade mark for watche...
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Damages for Copyright Infringement - Tipping v Smith

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© Kameraprojekt Graz 2015 / Wikimedia Commons / CC BY-SA 4.   Jane Lambert Intellectual Property Enterprise Court (HH Judge Melissa Clarke) Tipping v Smith [2026] EWHC 1855 (22 July 2026) In  Damages for Trade Mark Infringement - Fendi Italia and others v Rolo Fashion Ltd and another   30 Aug 2026, I explained that claimants in intellectual property cases whose rights have been infringed have "the choice of   seeking damages (compensation for the loss or damage that they sustained as a result of the infringements) to be assessed in proceedings known as 'an inquiry as to damages' or the surrender of any profits that the defendants had obtained from the infringements assessed in proceedings known as an 'account of profits.'"   Although Judge Melissa Clarke, who heard  Tipping v Smith   [2026] EWHC 1855, called the proceedings a "quantum trial" they were also an inquiry as to damages.  Cause of Action An important difference between  Fendi It...
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Damages for Trade Mark Infringement - Fendi Italia and others v Rolo Fashion Ltd and another

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Fendi Christmas Decoration in Taipe i Author : MiNe Licence: CC BY 2.0 Source : Wikimedia Commons Jane Lambert Intellectual Property Enterprise Cou rt (HH Judge Hacon) Fendi Italia SRL and others v Rolo Fashion Ltd and Another [2026] EWHC 1703 (IPEC) (9 July 2026) This was an action for trade mark infringement.  Each of the following companies owned well-known fashion brands protected by registered trade marks: Fendi Italia Srl ;  Loewe SA ; Christian Dior Couture SA  and Celine SA . Their holding company was  LVMH Moët Hennessy Louis Vuitton SE ("LVMH").   LVMH and its subsidiaries alleged that Rolo Fashion Ltd. ("Rolo")  had infringed their marks by selling what they described as "counterfeit luxury goods" bearing one or more of their marks.   The Default Judgment They obtained a freezing injunction  against Rolo without notice on 3 Sept 2024 and a default judgment against Rolo and its director, Georgia Aldridge ("Ms Aldridge") o...
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